1 2026:CGHC:27407 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR MCRC No. 5877 of 2026 Smita Bargate D/o Late Vijay Bargate Aged About 38 Years R/o Quarter No. 234/h, Risali Sector Bhilai, Tahsil And District Durg, Chhattisgarh. ...Applicant versus State Of Chhattisgarh Through The Station House Officer, Police Of Police Station Newai, District Durg, Chhattisgarh. ... Non-applicant For Applicant : Mr. Jitendra Gupta, Advocate. For Non-applicant/State : Mr. Soumya Rai, Dy. G.A. Hon'ble Shri Ramesh Sinha , Chief Justice Order on Board 03.07.2026 1. This is the first bail application filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for grant of regular bail to the applicant who has been arrested in connection with Crime No. 312/2026, registered at Police Station - Newai, District - Durg (C.G.) for the offence punishable under Section 316(2) of the BNS. 2. The prosecution case, in brief, is that the complainant made written complaint before the concerned Police Station stating therein that the VAIBHAV SINGH Digitally signed by VAIBHAV SINGH Date: 2026.07.03 14:42:25 +0530 2 applicant has kept servant for look after his parents and also give the ATM Card, but the applicant has withdrawn the excess amount through the ATM and thereby committed fraud. 3. Learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in the present case and has not committed any of the alleged offences. It is contended that no specific role has been attributed to the applicant in the commission of the alleged crime. The applicant is an electrician by profession and had merely come into contact with the co-accused, Sanni Sardar, who requested him to open a bank account. It is submitted that the applicant opened the account at the instance of the said co-accused, but neither received any money nor derived any benefit therefrom, and the said account was thereafter operated by Sanni Sardar, who is still absconding. It is further submitted that the applicant himself has been deceived by the co-accused and has been falsely implicated solely on the basis of his association with him, whereas there is no prima facie material to establish the applicant's involvement in the commission of the alleged offences. Learned counsel further submits that the applicant has been in judicial custody since 18.05.2026, the trial is likely to take considerable time to conclude, and the applicant is entitled to be considered for bail on the ground of prolonged incarceration and parity, if applicable. It is also submitted that the applicant is a permanent resident of the address mentioned in the cause title, there is no likelihood of his absconding or tampering with the prosecution evidence, and he is ready and willing to furnish adequate surety and abide by all such terms and conditions as may 3 be imposed by this Hon'ble Court while granting bail. 4. On the other hand learned State counsel opposes the bail application of the present applicant and submits that the charge-sheet has been filed in the present case. 5. I have heard learned counsel for the parties and perused the case- diary. 6. Considering the facts and circumstances of the case, the nature and gravity of the offence levelled against the present applicant, as well as the fact that the charge-sheet has already been filed before the competent Court, and that the applicant has been in judicial custody since 18.05.2026, and the conclusion of the trial is likely to take some more time, this Court is of the considered view that the applicant is entitled to be released on bail in the present case. 7. 7. Let applicant, Smita Bargate, involved in Crime No.312/2026, registered at Police Station - Newai, District - Durg (C.G.) for the offence punishable under Section 316(2) of the BNS, be released on bail on furnishing personal bond with two local sureties in the like sum to the satisfaction of the court concerned with the following conditions:- (i) The applicant shall file an undertaking to the effect that he shall not seek any adjournment on the dates fixed for evidence when the witnesses are present in court. In case of default of this condition, it shall be open for the trial court to treat it as abuse of liberty of bail and pass orders in accordance with law. (ii) The applicant shall remain present before the trial court on each date fixed, either personally or through his counsel. In case of his absence, without sufficient cause, the trial court may proceed against him under Section 269 of Bharatiya Nyaya Sanhita. (iii) In case, the applicant misuses the liberty of bail 4 during trial and in order to secure his presence, proclamation under Section 84 of BNSS. is issued and the applicant fails to appear before the court on the date fixed in such proclamation, then, the trial court shall initiate proceedings against him, in accordance with law, under Section 209 of the Bharatiya Nyaya Sanhita. (iv) The applicant shall remain present, in person, before the trial court on the dates fixed for (i) opening of the case, (ii) framing of charge and (iii) recording of statement under Section 351 of BNSS. If in the opinion of the trial court absence of the applicant is deliberate or without sufficient cause, then it shall be open for the trial court to treat such default as abuse of liberty of bail and proceed against her in accordance with law. 8. Office is directed to provide a certified copy of this order to the trial Court concerned for necessary information and compliance forthwith. Sd/- (Ramesh Sinha) Chief Justice vaibhav